Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

Mehta: one of the question is what is the extent of judicial review and what is constitutional morality-whether societal or constitutional morality-there is a judgment of joseph shine. This is a judgment i am little concerned as a citizen, as a student of law and therefore- this was an adultry provision under challenge, I have no difficulty.

Mehta: now social morality goes and replaced by vague term constitutional morality which never had a meaning which the courts have started giving [reading navtej singh johar on decriminalising s. 377 of IPC]

Mehta: As regards public morality, we must make

it absolutely clear that since the Constitution was not shoved, by any external force, upon the people of this country but was rather adopted and given by the people of this country to themselves, the term public morality has to be appositely

understood as being synonymous with constitutional morality.

Mehta: The right guaranteed under Article 25(1) has been made subject to, by the opening words of the Article itself, public order, morality, health and other provisions of Part III of the Constitution. All the three words, that is, order, morality and health are qualified by the word „public‟. Neither public order nor public health will be at peril by allowing entry of women devotees

of the age group of 10 to 50 years into the Sabarimala temple for offering their prayers.

Mehta: same judgment was initially set aside but followed by navtej singh johar and joseph shrine, constitutional morality was given doctrinal scope. it is cited in sabarimala, please see J Chandrachud's view

Mehta: in case of country governed by democratic priinciples, it is always the majoritarian will which will prevail because it passes the law. how can you define morality based on this?

J Amanullah: just because the law is passed by majority doesn't mean its a majoritiarian view

SG Mehta: i will not go much into it

Mehta: now a new trend starts from naz foundation of delhi high court which was ultimately affirmed in navtej johar [related to] sodomy.

Mehta: large number of decisions coming from high court, completely subjective term. something which can be constitutional morality in a particular provision for one judge may not be for another.

therefore yourlordship would never term enactment on vague concepts

Mehta: reads the speech of Dr Ambedkar in the constituent assembly debate

Mehta: I am on constitutional review-whether it can be used for judicial review?

Reads Dicey on morality and judgment of BR Kapoor